Miners' Meetings and Mining Boards: the Development of Mining Law In

Miners’ Meetings and Mining Boards: The Development of Mining Law in Colonial British Columbia, 1858-1867 Thomas Oscar Mills A Thesis in The Department of History Presented in Partial Fulfillment of the Requirements for the Degree of Master of Arts (History) at Concordia University Montreal, Quebec, Canada September 2016 © Thomas Oscar Mills, 2016 CONCORDIA UNIVERSITY School of Graduate Studies This is to certify that the thesis prepared By: Thomas Oscar Mills Entitled: Miners’ Meetings and Mining Boards: The Development of Mining Law in Colonial British Columbia, 1858-1867 and submitted in partial fulfillment of the requirements for the degree of Master of Arts (History) complies with the regulations of the University and meets the accepted standards with respect to originality and quality. Signed by the final examining committee: Dr. Barbara Lorenzkowski Chair Dr. Eric H. Reiter Examiner Dr. Gavin Taylor Examiner Dr. Wilson Chacko Jacob Supervisor Approved by Chair of Department or Graduate Program Director Dean of Faculty Date Abstract Miners’ Meetings and Mining Boards: The Development of Mining Law in Colonial British Columbia, 1858-1867 Thomas Oscar Mills Miners’ meetings were a customary legal practice from California that was imported to British Columbia during the Fraser River gold rush (1858). To date, there has been limited recognition of this practice’s influence on the development of British Columbia. The historical works that do exist on the subject argue that the practice was not established in the colony owing to the Colonial Government’s allowance for Mining Boards, a representative institution, by The Gold Fields Act, 1859. To the contrary, this thesis looks at the different ways that miners’ meetings and miners’ customary law were expressed and adapted to conditions in British Columbia before and after the passing of The Gold Fields Act, 1859. It argues that miners’ meetings persisted as a political practice despite the existence of Mining Boards and that miners’ meetings and Mining Boards performed different functions in colonial society. Whereas in frontier regions miners’ meetings were used to organize frontier society and establish mining regulations—performing legislative, judicial, or executive functions in different circumstances—and in more developed regions miners’ meetings adapted and were used by mining communities to influence the decisions of the Government, Mining Boards were a representative institution that was mandated by election to fulfill a specific purpose. This thesis tracks the history of miners’ meetings and Mining Boards from 1858 to 1867 — through such episodes as the Canyon War, McGowan’s War, Cariboo Gold Rush, and Grouse Creek War — and examines how the mining community was in constant dialogue — in turn, cordial and tense — with the Colonial Government on the subject of the formal colonial mining laws. iii Acknowledgements and Dedications There are many people who assisted me during my time as a graduate student at Concordia University and to whom I own thanks. The Concordia University History Department has an incredible faculty and staff whose support was key to the successful completion of my studies. Thank you Dr. Alison Rowley, Dr. Barbara Lorenzkowski, Dr. Eric H. Reiter, Dr. Normal Ingram, Dr. Peter Gossage, and Dr. Ted McCormick for having supported me at various stages of my time in the department. Thank you Dr. Gavin Taylor and Dr. Wilson Chacko Jacob for having supervised my thesis project, for your patience, and for your unwavering support. Thank you Donna Whittaker for having helped to guide me through the program. I’d also like to thank the staff at the British Columbia Archives in Victoria, especially Erika Ferguson, Kelly-Ann Turkington, and Marion Tustanoff for helping me navigate the archive and responding to my various questions and requests. Thank you also to Jean Marlene Sather and Flemming Odgaard for acting as generous hosts as well as for your pleasant company during my research trips to Victoria. Thank you is also due to Bill Quackenbush at the Barkerville Historic Town & Park for the keen interest you took in my topic and for your encouraging and engaging correspondence. Thank you also to Mandy Kilsby for your assistance during my research trip to Barkerville. In addition, I’d like to thank Dr. John Sutton Lutz for meeting with me at an early stage in my project to discuss potential research directions. Thank you also to Dr. Rennie Warburton who met with me to discuss my project, the history of BC, as well as broader questions of historical methodology. Finally, thank you to my parents, Thomas Oscar Mills and Dawn Marlene Sather, for the many ways you have supported me. This thesis is dedicated to Élizabeth Paré and Simone Mills. iv Table of Contents Figures............................................................................................................................................ vi Introduction ..................................................................................................................................... 1 Chapter 1 Miners’ Meetings During the Fraser River Gold Rush ............................................... 20 Chapter 2 From Miners’ Meetings to Mining Boards ................................................................. 54 Chapter 3 Return to Grouse Creek ............................................................................................. 111 Conclusion .................................................................................................................................. 143 Bibliography ............................................................................................................................... 158 v Figures Figure 1 British Columbia, showing carriage roads completed……………………………. 67 Figure 2 Gold Regions of the Fraser River and Cariboo Country…………………………. 69 Figure 3 Sketch of Cariboo Mines, 1862…………………………………………………... 71 Figure 4 Sketch of Williams Creek by Thomas Elwyn……………………………………. 77 Figure 5 Bute Inlet and Fraser River routes………………………………………………... 95 Figure 6 Miners Meeting on First Street, Atlin., April 1899………………………………. 156 vi Introduction In the spring of 1858, there was a gold rush to the Fraser River in the Pacific North West within Hudson’s Bay Company (HBC) Territory. Tens of thousands of people travelled to the banks of the Fraser River from the United States, Canada, and elsewhere, hoping to strike it rich. Most came from California and many had participated in the Californian gold rush, almost a decade before. As a result, the character of the Californian gold rush and society had a significant influence on the way events unfolded in British Columbia. Gold mining veterans from California brought their technical expertise to the Fraser River. They knew how to prospect and mine placer gold using pans, rockers, and long toms – wooden troughs used to separate waste rock from gold. They were familiar with the central role that access to and control of water played in mining. Upon arriving in HBC territory, they immediately set about diverting streams and creating ditch companies. They had seen the dramatic change that hydraulic mining brought to the industry in California. They knew the customs governing the separation of “bench” and river diggings. Some were likely familiar with more complex and capital intensive forms of mining such as quartz rock and drift or tunnel mining. In addition to technical and practical expertise, miners from the south brought their own customary law with them to British Columbia, practices which had spontaneously developed in California as a way of organizing mining society. The main instrument of this customary law was the miners’ meeting, a simple assembly of miners which made decisions based on majority vote. Miners’ meetings were convened to create law and decide on local matters. These meetings took on a legislative character, when creating mining rules and regulations, a judicial character, when ruling on civil and criminal disputes, and an executive character, when miners used them to organize militias and attack groups perceived as threatening. 1 Based on the idea that the common man had the right to create law, miners’ meetings were political by nature and, from the perspective of colonial administrators, they seemed to threaten British sovereignty on the mainland. The high proportion of American citizens and their capacity to organize militarily contributed to concerns amongst British officials that the mainland territory might be annexed to the United States. The political loyalty of the mining population was suspect, especially in light of the relatively recent loss of the Oregon Territory to the United States. But by the spring of 1859, concerns about potential annexation of the mainland were subsiding. British officials came to the view that the mining population was more interested in mining than annexing territory.1 Miners’ meetings are a political practice that is most firmly tied to the Californian gold rush. During that event, miners’ meetings became the de facto method of regulating gold mining and governing mining camps.2 When the Californian gold rush took place, there was no existing law on mineral lands and the newly created state had no sitting government to legislate. Beyond the military, there was no law enforcement. As 200,000 people flooded into the new state in search of gold, men abandoned the army. In the absence of government authority, miners began using 1 Prior to 1846, the Oregon Territory

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